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G4NERAL ORDINANCES 149
<br />of milk or milk products. It contains not less than eight and five -
<br />tenths per cent (8.5%) of milk solids not fat, and shall be pas-
<br />teurized before adding the culture.
<br />(h) Milk Products. — Milk products shall be taken to mean
<br />and include cream, skimmed milk, chocolate milk, buttermilk, and
<br />cultured buttermilk, except cream and milk to be made into but-
<br />ter, and condensed or powdered products.
<br />(i) Pasteurization. — The terms "pasteurization", "pasteur-
<br />ized", and similar terms shall be taken to refer to the process of
<br />heating every particle of milk or milk products to a temperature
<br />of not less than 142'F., and holding at such temperature for not
<br />less than 30 minutes in pasteurization apparatus approved by the
<br />Health Officer, provided that approval shall be limited to such ap-
<br />paratus which requires a combined holder and indicating ther-
<br />mometer temperature tolerance of not more than 1%°F., as
<br />shown by official tests with suitable testing equipment, and pro-
<br />vided that such apparatus shall be operated as directed by the
<br />Health Officer and so that the indicating thermometers and the
<br />recording thermometer charts both indicate a temperature of not
<br />less than 143/ ° F., continuously throughout the holding period,
<br />provided that nothing contained in this definition shall be con-
<br />strued as disbarring any other process which has been demon-
<br />strated as of at least equal efficiency and is approved by the
<br />Health Officer.
<br />(j) Adulterated Milk and Milk Products. — Any substance
<br />claimed to be any milk or milk product defined in this section,
<br />but not conforming with its definition as given in this section
<br />shall be deemed adulterated and misbranded.
<br />(k) Milk Producer. — A milk producer is any person who
<br />owns or controls one or more cows, a part or all of the milk or
<br />milk products from which is sold and delivered to another per-
<br />son.
<br />(1) Milk Distributor.—A milk distributor is any person who
<br />has in possession, offers for sale, sells or delivers to another, any
<br />milk or milk products for consumption or manufacturing pur-
<br />poses.
<br />(m) Dairy or Dairy Farm. — A dairy or dairy farm is any
<br />place or premises where one or more cows are kept, a part or all
<br />LSO CHARLOTTESVILLE CITY CODE
<br />of the milk or milk products from which is sold and delivered to
<br />any person.
<br />(n) Milk Plant.—A milk plant is any place, or premises, or
<br />establishment where milk or milk products are collected, handled,
<br />processed, stored, bottled, pasteurized, or prepared for distribu-
<br />tion.
<br />(o) Health Officer.—The term "health officer" shall mean the
<br />health authority of the City or his authorized representative.
<br />(p) Average Bacterial Count.—Average bacterial count shall
<br />be taken to mean the logarithmic average of the bacterial counts
<br />of all samples taken during the grading period including at least
<br />four samples taken upon separate days.
<br />(q) Grading Period. — The grading period shall be such
<br />period of time as the Health Officer may designate, within which
<br />grades shall be determined for all milk and cream supplies, pro-
<br />vided that the grading period shall in no case exceed six (6)
<br />months.
<br />(r) Disinfectant.—A disinfectant shall be taken to mean any
<br />germicidal substance approved by the Health Officer.
<br />(s) Person.—The word "person" as used in these regulations
<br />relating to milk or the handling thereof, shall mean "person,
<br />or persons, firm, corporation, or association."
<br />Sec. 379. The sale of adulterated or misbranded milk
<br />or milk products prohibited.
<br />No person shall within the City, or its police jurisdiction, pro-
<br />duce, sell, offer, or expose for sale, or have in possession with
<br />intent to sell, any milk or milk products which is adulterated or
<br />misbranded.
<br />Sec. 380. Milk—sale of—permit.
<br />It shall be unlawful for any person to bring into or receive
<br />into the City, or its police jurisdiction, for sale, or to sell, or offer
<br />for sale therein, or to have on hand, any milk or milk products,
<br />who does not possess a permit from the Health Officer of the
<br />City, and on whose vehicle there does not appear in a conspicu-
<br />ous place the permit number in figures at least two inches high
<br />and one and one-half inches wide.
<br />Such a permit may be revoked by the Health Officer upon the
<br />GXNERAL ORDINANCES 151
<br />violation by the holder of any of the terms of these regulations
<br />or in any emergency when in the judgment of the Health Officer
<br />the milk supply in question has become a public health menace,
<br />provided that the holder of said permit shall, after complying
<br />with such revocation, have the right of appeal to the Board of
<br />Health.
<br />The fee for a permit to produce or transport milk or sweet
<br />cream for consumption or sale within the City, or its police juris-
<br />diction, shall be one dollar ($1.00) per year.
<br />Sec. 381. Milk—labeling and placarding.
<br />All bottles, cans, packages, and other containers enclosing milk '
<br />or any milk products defined in section 378 shall be plainly la-
<br />beled or marked with (1) the name of the contents as given in
<br />the definitions in section 378; (2) the grade of the contents if
<br />said contents are graded under the provisions of this chapter;
<br />(3) the word "pasteurized" if the contents have been pasteur-
<br />ized; (4) the word "raw" if the contents are raw; (5) the name
<br />of the producer or distributor. The label or mark shall be in
<br />letters of a size and kind approved by the Health Officer and shall
<br />contain no marks or words not approved by the Health Officer.
<br />Every restaurant, cafe, soda fountain, or other establishment
<br />shall display at all times, a card furnished by the Health Officer,
<br />stating the grade of the milk at the time when delivered and
<br />whether same is raw or pasteurized.
<br />Sec. 382. Inspection of dairy farms and milk plants for
<br />the purpose of grading or regrading.
<br />At least once during each grading period the Health Officer
<br />shall inspect every dairy farm producing milk or cream for con-
<br />sumption within the City, or its police jurisdiction, and all milk
<br />plants whose milk or cream is intended for consumption within
<br />the City, or its police jurisdiction. In case the Health Officer
<br />discovers the violation of any item of sanitation, he shall make a
<br />second inspection after a lapse of such time as he deems neces-
<br />sary for the defect to be remedied but not before the lapse of
<br />three days, and the second inspection shall be used in determining
<br />the grade of milk or cream. Two violations of this section on
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<br />separate inspections within any one grading period shall call for
<br />immediate regrading.
<br />One copy of the inspection report shall be posted by the Health
<br />Officer in a conspicuous place upon an inside wall of one of the
<br />dairy farm or milk plant buildings, and said inspection report
<br />shall not be removed by any person except the Health Officer.
<br />Another copy of the inspection report shall be filed with the rec-
<br />ords of the Health Department.
<br />Sec. 383. Testing of milk and milk products.
<br />During each grading period at least four samples of milk or
<br />cream from each dairy farm and each milk plant shall be taken
<br />on separate days and tested by the Health Officer. Samples of
<br />milk and cream from stores, cafes, soda fountains, restaurants,
<br />and other places where milk products are sold shall be tested as
<br />often as the Health Officer may require. Bacterial counts shall
<br />be made in conformity with the standard methods recommended
<br />by the American Public Health Association. Tests may include
<br />such other chemical and physical determinations as the Health
<br />Officer may deem necessary for the detection of adulteration,
<br />these tests to be made in accordance with the latest standard
<br />methods of the American Public Health Association and the
<br />Association of Official Agricultural Chemists. Notices of bac-
<br />terial counts shall be given to the producer or distributor con-
<br />cerned as soon as made. Samples may be taken by the Health
<br />Officer at any time prior to the final delivery of the milk or milk
<br />products. All stores, cafes, restaurants, soda fountains, and ,
<br />other similar places shall furnish the Health Officer, upon his
<br />request, with the name of the milk distributor from whom their
<br />milk is obtained.
<br />Sec. 384. Grading of milk and cream.
<br />At least once every six (6) months the Health Officer may an-
<br />nounce the grades of all milk, buttermilk, cultured buttermilk,
<br />and cream supplies delivered by all producers or distributors and
<br />ultimately consumed within the City, or its police jurisdiction.
<br />Said grades shall be based upon the following standards, the
<br />grading of cream, buttermilk and cultured buttermilk being iden-
<br />tical with the grading of milk, except that the bacterial standard
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